Has anyone had mineral property seized by a Sheriff's Deed for non-payment of county taxes for which no tax notice was received?
Through no fault of my own my name was misspelled and my address lost so I received no tax notices. This happened years ago and I have just now discovered I lost a valuable mineral property. I am trying to determine if I have any recourse.
Joy,
What state were the minerals in?
Thanks for asking for clarification. They were in Texas.
Joy,
Sorry, but I have no experience in Texas, wish I could have helped.
Good Luck!
I believe the right for redemption is 180 days from the date of the sale. http://www.lonestarlandlaw.com/Redemption.html
This is a very unfortunate situation for you - caused by an error not of your own. I can't preach enough that anyone with producing minerals in Texas (and other states with mineral / royalty property taxes) to make sure they are receiving and paying their property tax annually.
Thank you for responding. Do you think I have no recourse even though it was not my correct name used in the case file?
You should consult an attorney about whether the particular circumstances may affect your ability to recover the property. It may depend on how your name became misspelled. Was the incorrect name and address also on your checks? Did you pay taxes under the misspelled name? What do you mean by address was lost? Did you own the surface and were not paying taxes? Was your name correct in the records but incorrect in the court order? There may be a particular case law or statutory exceptions which could apply in your exact fact situation.
Seems like it would be more fair and honest if the Great State of Texas would just take part of the production revenue to cover the taxes rather than set up a system to take them and give them to someone else but law makers are not always fair and honest. It doesn't make common sense and I'd be embarrassed if Okla did the same. The Texas appraisal system isn't any better. All involved can be a nightmare if you have to deal with them, too many holding their hands out rather than simplify it.
Thanks, that is what I am trying to determine, if it is worth paying an attorney. It was the county that made a typo in my name, therefore showing me as address unknown and not sending me the tax notices! And of course I have no copies to prove anything since it was years ago.
It was not producing anything material then but now is heating up so I think I will pursue it with an attorney!
Thanks!
I cannot agree with this statement more. But the problem is you have "local control" in the property tax system. Cities / Counties / Schools will not want to give up that "local control" by letting the state take the revenue off the top, and then attempt to re-distribute the funds. Oklahoma has a much more efficient system in place in my opinion.
I have to agree because it was the county who made the "typo" on my name and never sent me the tax notices. And how do you take on that large of a entity!
It is the responsibility of the tax payer to make sure county has correct name and address. Cant blame them. Most everyone has to pay taxes on property and royalties.
I just found out that Oklahoma does not tax minerals. How many other states do not tax them? Should would help out in this case!
Your right minerals not taken from the ground are not taxed. Only royalties and land are taxed. But i assume that in this case Some land that included some mineral rights with it were sold at auction and the property was not redeemed in time. I have alot of knowlegde on this.
I called a county clerk in OK, said I had been receiving a small check for my mineral interest, and never had received a tax notice. She said they did not tax minerals in OK. What would you suggest?
I dont know alot about OK taxes. But do know alot about texas. Royalties in texas are taxed and property. Unexcavated minerals still under the ground are not taxed in texas only if they are brought to the surface they are taxed. I believe it would be a long hard battle to overturn. As its the owners responsiblity to make sure to get the correct address and name on the tax statements. And those that dont pay taxes in years will get a tax foreclosure lein on their property sooner or later.
Some of county clerks dont know all the procedures as it is an elected position. But some do that come from bigger counties that have auctions often. Its all about knowing the correct person to talk too.
My belief is that my name was incorrectly changed before the property was producing, so I wouldn't have been getting tax notices and wouldn't have known that I was supposed to. Scott, since you are knowledgeable about this in Texas, is there a way we can communicate directly?
It would help me tremendously to determine if it is worth hiring an attorney or not.
Thanks, Joy
Is it only mineral property with producing minerals that pay property taxes?
Yes that is my understanding in Texas. That is why I wasn’t receiving tax notices and had no idea they had messed up my name and were showing my address unknown.